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TMI Blog2023 (8) TMI 696X X X X Extracts X X X X X X X X Extracts X X X X ..... oil refinery, engaged in the manufacture of various petroleum products falling under Chapter 27 of Central Excise Tariff Act, 1985. A show-cause notice for the period April 2010 to June 2012 was issued to them alleging that they have wrongly availed and utilized cenvat credit on MS Plates, HR Plates, Steel Plates etc. which are used for the fabrication of huge storage tanks hence not admissible to credit. Accordingly, the cenvat credit availed on inputs are irregular and in violation of Rule 3(1) of CCR. Consequently the total cenvat credit of Rs. 2,83,73,710/- (Rupees Two Crore Eighty Three Lakhs Seventy Three Thousand Seven Hundred and Ten only) was demanded with interest and proposal for penalty invoking extended period of limitation. On ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s they have been filing periodical returns and credit taken on various inputs reflected in the returns. 4. Learned AR for the Revenue reiterated the findings of the learned Commissioner (Appeals). 5. Heard both sides and perused the records. We find that the short question involving in the present case is whether the cenvat credit is admissible on inputs viz. MS Plates, HR Plates, Beams etc. used in the fabrication of storage tanks installed in the manufacturing premises during the period April 2010 to June 2012? We find that the issue is no more res integra and decided by the jurisdictional High Court in the case of Commissioner of Central Excise, Mysore Vs. ICL Sugars Ltd. Their Lordships observed at Para 4 of the said judgment as follo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee. It appears even when the storage tanks if specifically mentioned in the definition of capital goods by liberally incorporating these provisions the benefit was extended to the assessees. However the controversy remains. In order to set right this controversy by a Notification, specifically storage tank is introduced within the definition of capital goods. The said insertion is clarificatory in nature. Under these circumstances even though the said insertion was in the year 2001 we are concerned with the period anterior to the said insertion." The said principle was later followed by the Hon'ble High Court in the case of SLR Steels Ltd. and Hindalco Industries Ltd. (supra). Following the ratio laid down in the aforesaid cases, and also ..... X X X X Extracts X X X X X X X X Extracts X X X X
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